Waiver and Release of Liability
Participant Agreement concerning
Waiver and Release of Liability and Indemnification
and
Permission to Use Name and Recordings
In consideration of the opportunity to participate in the Elite Golf Club Whose registration process requires you to accept this agreement and as a condition of my participation, and intending to be legally bound, I hereby agree to the following Waiver and Release of Liability and Indemnification (Section 1), Permission to Use Name and Recordings (Section 2), and General Provisions (Section 3) (together, the “Agreement”):
1. Waiver and Release of Liability and Indemnification:
My participation (Students) in the Event is voluntary and subjects me to the possibility of physical injury (which could be minimal, serious, and/or result in death) and loss of or damage to my property (collectively, “Risks”). Accordingly,a. I hereby release and hold harmless, covenant not to sue, and otherwise agree to indemnify Elite Golf Club, its officers, directors, employees, agents, and/or contractors (collectively “Releasees”) from any claim, demand, loss, liability, damages, and attorney’s fees and costs whatsoever arising from, related to, or resulting from said Risks (“Claims”), including those caused by the negligent acts or omissions of any or all of the Releasees;
b. As between each of the Releasees and me, I will be solely responsible for any and all medical and related bills that I may incur because of any injury, and costs related to loss or damage to my property, that I may sustain as a result of my participation in the Event, including those sustained on the premises where the Event is conducted and while I am traveling to and from such premises, and regardless of the location or mode of transportation.
c. This Release and Waiver of Liability and Indemnification shall be binding on my estate, heirs, executors, administrators, successors and assigns, and any other party asserting a Claim on my behalf or on behalf of my estate.
d. Prior to participating in the Event, I shall be solely responsible for inspecting the facilities and equipment to be used, and if I believe anything is unsafe, I will immediately advise an official of such conditions(s) and refuse to participate until such conditions(s) is corrected;
2. Permission to Use Name and Recordings:
At any time during my participation in the Event, the Releasees or any one of them may take photographs, videotapes, motion pictures or other recordings in any media of my participation in the Event (“Recordings”) and/or may request statements from me concerning my participation in the Event (“Statements”) for use on Elite Golf Club /or the website, which Recordings and Statements may or may not include identification of me by name. Accordingly,a. I hereby grant full permission to each of the Releasees, with no obligation to compensate me, to use any Recordings and/or Statements, which may be accompanied by my name, voice, or other identifications, in perpetuity worldwide in any manner (as solely determined by the Releasees) and in any and all media, whether now known or unknown or hereafter devised, including via the Internet, for access by Elite Golf Cub members, participants in the Event, and/or the public in connection with the Event (“Media”);
b. I hereby waive any right to inspect or approve the use of any such Recordings and/or Statements prior to dissemination on any Media; and
c. I hereby grant by Elite Golf Club the right to edit or otherwise modify any Statements made by me, as long as the substantive meaning of the Statement is unchanged.
d. I hereby retain the right to decline making a Statement, in my sole discretion and at any time, but agree that I may be included in solo or group Recordings, with or without being named, as the Releasees may solely determine and without notice or permission otherwise from me.
3. General Provisions:
I acknowledge that the Releasees are expressly relying on the Waiver and Release of Liability and Indemnification, and on the rights to use my name and Recordings, as set out above, in agreeing to my participation in the Event.
b. I acknowledge that, in signing this Agreement, I am voluntarily and knowingly assuming all risk of injury and/or loss of personal property, as between the Releasees and me, as set out above, in connection with the Event.
c. I hereby expressly agree that (1) this Agreement shall be governed and construed according to the laws of the British Columbia, without regard to its conflict of laws provisions; (2) this Agreement is intended to be as broad and inclusive as is permitted by the laws of British Columbia, and (3) any action or proceeding concerning any Claim or the meaning or effect of any provision of the Agreement hereunder shall be conducted in Supreme Court of Canada, and for such purposes, I expressly submit to the jurisdiction of such courts.
d. I hereby expressly agree that if any portion of this Agreement is held invalid, the balance of the Agreement shall nonetheless continue in full legal force and effect.
e. I certify that I will abide by the rules and regulations of the Event, that the information stated in the registration form shall be true and correct, and that I will notify Elite Golf Club within two (2) business days of any change in said
information. I agree that any violation of the previous statement may result in my immediate disqualification from further participation in the Event.
I warrant that I have read and understand that this Agreement involves my waiver and release of significant rights, and my assumption of significant indemnification responsibilities in participating in the Event.